Invensys Investments Private Limited v. The State Of Maharashtra And ORS.
1 910.1838.18 wp ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1838 OF 2018 Invensys Investments Private Limited .....Petitioner V/s.
The State of Maharashtra and Ors .....Respondents Mr. Jatin Sehgal a/w Kunal Vaishnav & Akshay Malviya for the petitioner.
Mr. Kunal Katariya a/w Kunal Kothary i/b Zerich Dastur & ANB Legal for respondent nos. 3 to 7.
Mrs. S. S. Kaushik APP for the State.
CORAM :
NITIN W. SAMBRE, J.
DATE :
APRIL 20, 2018.
P.C.
The learned counsel for the petitioner claims that criminal proceedings in C.C. No. SW/412/2017 were initiated on the file of additional Chief Metropolitan Magistrate, 66th Court, Andheri. According to him, record maintained by the said Court varies from one which is reflected on the website. According to him, the prayer issuance of certified copy, on urgent basis of the documents/orders is also not attended to.
2 910.1838.18 wp In the aforesaid background, present petitioner has come out with following prayers.
"a.
That during the pendency of the present petition, this Hon'ble Court be pleased to call for the court records of CC No. SW/412 of 2017 presently pending before the Ld. Additional Chief Metropolitan magistrate, 66th Court, Andheri, Courts, Mumbai in exercise of its powers under Article 227 of the Constitution of India; b.
That during the pendency of the present petition, this Hon'ble Court be pleased to stay the proceedings in case bearing CCC No. SW/412 of 2017;
c.
That this Hon'ble Court be pleased to transfer case bearing CC No. SW/412 of 2017 to any other court in exercise of its powers under Article 227 of the Constitution of India;
d.
That this Hon'ble Court be pleased to direct expeditious disposal of petition bearing CC No. SW/412 of 2017 and also the application under Section 156 (3) of the Code of Criminal Procedure", Without going into the merits of the present petition as are raised, in the interest of justice, following order is passed. (a) In case, if the petitioner-applicant takes out an application for further inspection of record being C.C. No. SW/412/2017, the Court of Additional Chief Metropolitan Magistrate, 66th Court, Andheri shall permit further inspection of the record within period of one week of such application being moved.
3 910.1838.18 wp (b) Upon such inspection, if the petitioner-applicant takes out an application for issuance of certified copy on express basis, the said Court shall forthwith direct the processing of the application and shall make available certified copies of the documents in accordance with Criminal Manual as expeditiously as possible.
(c) Upon receipt of such documents, it shall be open for the petitioner to take out such proceedings, including one, if any, required for questioning the orders passed by the Chief Metropolitan Magistrate, 66th Court, Andheri, in the aforesaid criminal proceedings, before the Competent Court.
With above observations, present petition stands disposed of. [NITIN W. SAMBRE, J.]